dismissed
H-1B
dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner, an IT consulting firm, failed to prove the proffered position of programmer/analyst qualifies as a specialty occupation. The petitioner did not provide a contract or detailed work description from the end-client where the beneficiary would ultimately work, making it impossible to verify if the duties required a bachelor's degree in a specific specialty.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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